The Archives

Everything written by Thomas A. Lambert on law, economics, and more

Don’t Like the Texas Board of Education’s Brainwashing? There’s a Simple Solution.

Lots of liberals, such as Wall Street Journal columnist Thomas Frank and folks from the Huffington Post and People for the American’s Way’s Right Wing Watch, are all up in arms over the Texas Board of Education’s recent efforts to push Texas’s public school curriculum in a decidedly “conservative” direction. As Todd and Josh noted, ... Don’t Like the Texas Board of Education’s Brainwashing? There’s a Simple Solution.

An Honest Question for Obamacare Supporters

A number of opponents of Obamacare, such as Wall Street Journal columnist William McGurn, have criticized the President and his people for referring to pending proposals as “health insurance reform” rather than “health care reform.” I suppose these critics think the President is engaging in a sleight of hand in an effort to minimize the ... An Honest Question for Obamacare Supporters

Past Use of Reconciliation in Congress: Correcting the Record

As predicted, President Obama has called upon Congress to enact his health insurance reform plan using the reconciliation process, which allows the Senate to avoid a filibuster attempt and would permit enactment of the legislation without any Republican support. As I mentioned the other day, the reconciliation process was created to deal with budget-related bills, ... Past Use of Reconciliation in Congress: Correcting the Record

Chicago Ministers Play Hardball on Wal-Mart (and for the Right Team!)

I’ve previously posted on the moral bankruptcy of the campaign against Wal-Mart in Chicago. Those fighting to prevent the company from opening outlets in Chicago’s inner-city neighborhood — including Alderman Ed Burke, the busybody who once tried to ban trans fats in the City of Broad Shoulders — continue to flex their illiberal muscles to ... Chicago Ministers Play Hardball on Wal-Mart (and for the Right Team!)

Health Care Reform, Reconciliation, and the Role of the Senate: Some Wise Counsel from Key Democrats

Well, it looks like Congress is going to attempt to enact the Senate’s health care bill using the reconciliation process. President Obama certainly suggested as much in Thursday’s Health Care Summit, downplaying the significance of such a move and suggesting it may be necessary in order to “move forward.” First, he said to Senator McCain: ... Health Care Reform, Reconciliation, and the Role of the Senate: Some Wise Counsel from Key Democrats

Here Come the Price Controls

As Todd mentioned, the Obama Administration has released its latest plan for regulating (and mandating) health insurance. The new plan includes a novel element: the creation of a seven-member Health Insurance Rate Authority that would issue an annual schedule of “reasonable” rate increases. Increases deemed unjustified could be blocked, and insurers that imposed unjustified rate ... Here Come the Price Controls

Should Antitrust Education Be Mandatory (for Law Firm Recruiters and Law School Placement Directors)?

A few years back, my colleague Royce Barondes and I wrote an essay entitled Should Antitrust Education Be Mandatory (for Law School Administrators)? The essay, whose title was intended to be tongue-in-cheek, argued that the members of the Association of American Law Schools were engaged in an illegal conspiracy to limit competition for professor talent. ... Should Antitrust Education Be Mandatory (for Law Firm Recruiters and Law School Placement Directors)?

More Destructive Nannyism in Chicago

I’ve tiraded several times about the city of Chicago’s unbridled paternalism. From smoking bans, to proposed restrictions on trans-fats, to censorship of theatrical depictions of smoking, to the confiscation of locally produced meat products, the powers-that-be seem determined to treat residents of the City of Broad Shoulders as though they’re a bunch of helpless infants ... More Destructive Nannyism in Chicago

Wright’s Right on Posner

A couple of days ago, Josh wrote to correct the record on Judge Posner’s antitrust views. AAG Varney had implied that Posner has changed his views on antitrust and now favors a more interventionist antitrust policy. Josh helpfully pointed us to Posner’s own remarks, which do not support Ms. Varney’s “gloss.” Ms. Varney is not ... Wright’s Right on Posner

Varney Gets It Right on RPM

Tomorrow I will be presenting my paper, A Decision-Theoretic Rule of Reason for Minimum Resale Price Maintenance, at the Next Generation of Antitrust Scholarship Conference at NYU Law School. (Kudos to Danny Sokol for co-organizing what promises to be a terrific event!) My paper criticizes four proposed approaches to evaluating RPM post-Leegin, and it sets ... Varney Gets It Right on RPM

Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit

Gretchen Morgenson doesn’t want poor people to have access to consumer credit. At least, that’s what I think she’s saying in her rambling NYT column this week. Congress and federal regulators have recently taken a number of actions that will make it tougher for riskier customers to access consumer credit. First there was the Credit ... Gretchen Morgenson Calls for Greater Protection (?) of High-Risk Consumers of Credit

Rhetoric Versus Reality, Part IV

Then-candidate Barack Obama, debating Senator Clinton on how to reform health care, January 31, 2008: But the last point I want to make has to do with how we’re going to actually get this plan done. You know, Ted Kennedy said that he is confident that we will get universal health care with me as ... Rhetoric Versus Reality, Part IV